Samuel Nelson

“ And we learn also from the testimony of the pilot and some others, that they make no difference in the rate of speed in consequence of a fog; that they go slow when making land, or a light, or in narrow passages, and when sounding the lead, as if the only precautions they were bound to observe in the navigation were as it respected the safety of their own vessel. ”

“ These may justify a rate deemed prudent navigation at one time, that would be wholly unjustifiable at another. But we feel no difficulty in saying, that, in a case circumstanced as the present one, a fog so dense that the most vigilant look-out would be unable to discern a vessel at a distance of more than sixty or one hundred yards navigation, at the time, waters frequented with sailing vessels-a rate of sixteen or seventeen miles the hour is altogether inadmissible as prudent or reasonably safe navigation. ”

“ We will only repeat what we said in the case of Newton v. Stebbins, 10 How. 606: 'That it may be matter of convenience that steam vessels should proceed with great rapidity; but the law will not justify them in proceeding with such rapidity, if the property and lives of other persons are thereby endangered.'
We are all satisfied that this vessel was grossly in fault, on account of the rate of speed with which she was moving, under the circumstances, at the time of the collision. ”